An Act to amend and reenact §3.2-6552 of the Code of
Virginia, relating to dogs chasing livestock.

[H 1231]

Approved April 20, 2016

Be it enacted by the General Assembly of Virginia:

1. That §3.2-6552 of the Code of Virginia is amended and
reenacted as follows:

§3.2-6552. Dogs killing, injuring, or chasing livestock or
poultry.

A. It shall be the duty of any animal control officer
or other officer who may find a dog in the act of killing or injuring livestock
or poultry to seize or kill such dog forthwith whether such dog bears a tag or
not. Any person finding a dog committing any of the depredations mentioned in
this section shall have the right to kill such dog on sight as shall any owner
of livestock or his agent finding a dog chasing livestock on land utilized by
the livestock when the circumstances show that such chasing is harmful to the
livestock. Any court shall have the power to order the animal control officer
or other officer to kill any dog known to be a confirmed livestock or poultry
killer, and any dog killing poultry for the third time shall be considered a
confirmed poultry killer. The court, through its contempt powers, may compel
the owner, custodian, or harborer of the dog to produce the dog.

B. Any animal control officer who has reason to believe
that any dog is killing livestock or poultry shall be empowered to seize such
dog solely for the purpose of examining such dog in order to determine whether
it committed any of the depredations mentioned herein. Any animal control
officer or other person who has reason to believe that any dog is killing
livestock, or committing any of the depredations mentioned in this section,
shall apply to a magistrate serving the locality wherein the dog may be, who
shall issue a warrant requiring the owner or custodian, if known, to appear
before a general district court at a time and place named therein, at which
time evidence shall be heard. If it shall appear that the dog is a livestock
killer, or has committed any of the depredations mentioned in this section, the
district court shall order that the dog be: (i) killed or euthanized
immediately by the animal control officer or other officer designated by the
court; or (ii) removed to another state that does not border on the
Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered
removed from the Commonwealth that is later found in the Commonwealth shall be
ordered by a court to be killed or euthanized immediately.

C. Notwithstanding the provisions of subsection B, if it is
determined that the dog has killed or injured only poultry, the district court
may, instead of ordering killing, euthanasia, or removal to another state
pursuant to this section, order either (a) that the dog be transferred to
another owner whom the court deems appropriate and permanently fitted with an
identifying microchip registered to that owner or (b) that the dog be fitted
with an identifying microchip registered to the owner and confined indoors or
in a securely enclosed and locked structure of sufficient height and design to
prevent the dog's escape; direct contact with the dog by minors, adults, or
other animals; or entry by minors, adults, or other animals. The structure
shall be designed to provide the dog with shelter from the elements of nature.
When off its owner's property, any dog found to be a poultry killer shall be
kept on a leash and muzzled in such a manner as not to cause injury to the dog
or interfere with its vision or respiration, but so as to prevent it from
biting a person or another animal.